MATTER OF BARNES v. ANNUCCI

530226.

185 A.D.3d 1367 (2020)

126 N.Y.S.3d 428

2020 NY Slip Op 04357

In the Matter of Arrello Barnes, Petitioner, v. Anthony J. Annucci, as Acting Commissioner of Corrections and Community Supervision, Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

Decided July 30, 2020.


Following a tier III hearing, petitioner was found guilty of violating various prison disciplinary rules, and a penalty was imposed. Petitioner thereafter commenced this CPLR article 78 proceeding to challenge that determination, contending—as relevant here—that the hearing transcript was incomplete. After respondent answered, Supreme Court dismissed petitioner's application, finding, among other things, that the amended hearing transcript belied petitioner...

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